[Front bullets] Provides clear, detailed and practical guidance on ISDA(r)Collateral Support Documents Describes collateral management in concise terms and with screen-based examples
[ BACK JACKET ]
Mastering the ISDA(r)Collateral Documents " "
A practical guide for negotiators [subtitle]
second edition
As the only accessible single volume guide to the ISDA Credit Support Annexes under English and US law, this revised and updated edition remains an invaluable resource for anyone negotiating these documents. "Mastering the ISDA" "(r)" "Collateral Documents"is the essential introduction to collateral documentation.
This thoroughly revised and updated edition provides informative and practical guidance and covers collateral management from an operational perspective. It focuses on the two main ISDA Credit Support Documents and provides a clear, concise explanation of their provisions and amendments commonly seen in the market.
"Mastering the ISDA" "(r)" "Collateral Documents" includes " " The implementation of the European Directive on Collateral Financial Arrangements in all EU States ISDA s Best Collateral Practices (2010) Latest position on ISDA s Dispute Resolution Procedures Industry initiatives on portfolio reconciliation rules
[ FRONT FLAP ]
Mastering the ISDA(r)Collateral Documents " "
A practical guide for negotiators [subtitle]
second edition
This book is clear, concise and up-to-date." Mastering the ISDA" "(r)" "Collateral Documents"covers everything you need to know to master these important documents.
Chapters cover: Types of collateral, product risk exposure and the evolution of collateral documentation Collateral management from a European perspective Legal issues relating to collateral from the European and US perspective Credit issues relating to collateral The English Law ISDA Credit Support Annex The New York Law ISDA Credit Support Annex The ISDA English Law Credit Support Deed
[ BACK FLAP ]
Mastering the ISDA(r)Collateral Documents " "
A practical guide for negotiators [subtitle]
second edition
Paul C. Harding is a graduate of London University and has worked in several UK and foreign banks in London in credit, marketing and documentation roles. Since 1990 he has been involved with OTC derivatives documentation and was a well known negotiator in the City of London with Barclays Capital Securities Limited and Hill Samuel Bank Limited where he was Head of Treasury Documentation.
In February 1997 he co-founded Derivatives Documentation Limited, a derivatives consultancy and project management company which provides negotiation, recruitment and in-house training services in derivatives and securities documentation. Its clients include many of the world's leading banks. (www.derivsdocu.com)
Paul is the author of "Mastering the ISDA" "(r) Master Agreements (1992 and 2002)," now in its third edition and is co-author with Christian Johnson of"Mastering Securities Lending Documentation, "both published by Financial Times Prentice Hall." "He and Christian Johnson also co-wrote A"Practical Guide to Repo Master Agreements."
Christian Johnson is a professor at the University of Utah where he teaches courses on corporate finance, banking and taxation. He was previously a professor at Loyola University Chicago School of Law for 13 years. He graduated from Columbia Law School and was the Executive Editor of the "Columbia Law Review." He practised law with Milbank Tweed Hadley & McCloy in New York and Mayer Brown Rowe & Maw in Chicago before teaching.
Christian has published extensively on derivative documentation, lending and banking. He is also a frequent speaker and panellist on derivatives, repos and banking issues and has served as an expert witness in these areas. He is also a regular instructor for Euromoney Training on these subjects.
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Table of Contents:
About the authors
Disclaimer
Acknowledgements
Authors' foreword
1 Introduction
Definition of terms
Why collateral is taken
Types of collateral
Product risk exposure covered
Evolution of collateral documentation
2 Collateral management from a European perspective
Some facts and figures
What collateral management units do
The importance of policies and procedures
Setting up the collateral relationship
Exposure monitoring and collateral valuation and calling
Transfers
Reuse of collateral
Collateral substitutions
Distributions
Disputes
Portfolio reconciliations
Defaults
Branches
External collateral management services
3 Legal issues relating to collateral from the European and US perspectives
"European perspective by Paul Harding"
Introduction
General issues
Recharacterisation
Conflict of laws rules
The PRIMA rule
Other legal issues
ISDA collateral legal opinions
The European Directive on Financial Collateral Arrangements
Draft Hague Convention on indirectly held securities
Amending Directive to the Collateral Directive and Settlement
Finality Directive
Geneva Securities Convention
Collateralisation and central clearing counterparties
"US perspective by Christian Johnson"
Introduction
Enforcement of New York choice of law
Security interest creation and perfection
Exercising rights under the Security Agreement
Other issues
Other enforcement concerns
Dodd-Frank changes
4 Credit issues relating to collateral
Establishment of collateral management risk guidelines
Initial margin
Haircuts
Thresholds
Minimum Transfer Amounts
Eligible collateral
Scope of collateralisation
Establishing policy for eligible collateral
Special counterparties
Sovereigns
Supranational entities
Hedge funds Other duties
Risks
The Basel II Capital Accord Position of collateralisation under Basel III
The future
5 The English Law ISDA Credit Support Annex
Paragraph by paragraph analysis
Glossary of terms in Paragraph 10
Examples of Paragraph 11 provisions
6 The New York Law ISDA Credit Support Annex
Paragraph by paragraph analysis
Glossary of terms in Paragraph 12
Examples of Paragraph 13 provisions
Comparison of the New York Law CSA with the English Law CSA
7 The ISDA English Law Credit Support Deed
Paragraph by paragraph summary of the English Law Credit Support Deed
Principal differences between the English Law CSA and the English Law Deed
ISDA Fallbacks for the English Law Credit Support Deed"